STATE OF KARNATAKA Vs. MAREGOUDA

JUDGEMENT

(1.) THE State has filed this appeal against the order passed by the learned Sessions Judge in Crl.A. No. 23/2014 in allowing the appeal filed by the respondent accused. The accused was convicted by the learned JMFC for the offence punishable under Section 78(iii) of Karnataka Police Act, 1963 and was ordered to pay fine amount of Rs. 100/-. Aggrieved accused challenged his conviction before the Sessions Court. After hearing both, the learned Sessions Judge allowed the appeal and set aside the order of sentence passed against accused No. 2 (respondent herein who had already pleaded guilty) by the trial Court.

(2.) SRI V.M. Banakar, learned Additional S.P.P. for the appellant/State submits that the appeal filed by the accused was not maintainable under Section 376 (c) of Cr.P.C. and the learned Sessions Judge could not have entertained the appeal as there was overwhelming evidence placed by the prosecution, to bring home the guilt of the accused for the offence under Section 76 (iii) of the Karnataka Police Act.

(3.) IT is the mandate of Section 376 (c) of Cr.P.C. that against the order of learned JMFC, imposing fine not extending to Rs. 100/ -, no appeal would lie in petty cases. But under Sections 397 and 399 of Cr.P.C. there is no such restriction on the quantum of fine amount to examine the correctness of legality and propriety of it's order. For the benefit of reference, the said provisions read thus: